MOSCOWITZ, District Judge.
Defendant was tried before the Court, having waived a jury, upon the second count of an indictment charging him with violation of Section 311, Title 50, Appendix, United States Code Annotated, which, insofar as pertinent, provides: "Any person * * * who * * * evades * * * service in the land or naval forces or any of the requirements of this Act * * * or who in any manner shall knowingly fail or neglect to perform any duty required of him...
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